Magister Legum - LLM (Criminal Justice and Procedure)
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Recent Submissions
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An analysis of the critical shortcomings in South Africa's anti-money laundering legislation
(University of the Western Cape, 2016)From failing to arrest and surrender Sudanese President Omar Al-Bashir1 in accordance with its obligations under the Rome Statute of the International Criminal Court2 (Rome Statute), to its President acting inconsistently ... -
The Ethics and Anti-Corruption Commission of Kenya : a critical study
(University of the Western Cape, 2016) -
Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?
(University of the Western Cape, 2016)Sitting head of state immunity for crimes under international law has been a very controversial issue in recent times. On the one hand, the debate bears that personal immunity has been renounced for crimes under international ... -
An evaluation of the benefit of plea and sentence agreements to an unrepresented accused
(University of the Western Cape, 2016)Section 105A of the Criminal Procedure Act is unconstitutional with regard to its failure to extend benefits to an unrepresented accused. Unlike a represented accused, an unrepresented accused cannot benefit from section ... -
Accountability for ISIS atrocities : is the International Criminal Court a viable prosecutorial option?
(University of the Western Cape, 2016)The Islamic State of Iraq and the Levant is a jihadist militant group. The members of this militant group have committed criminal acts of unspeakable cruelty. These staggering criminal conducts are documented by the United ... -
Illegal, unreported, and unregulated fishing : a paradigm shift from a regulatory issue to a transnational organised crime
(University of the Western Cape, 2016) -
An evaluation of the effectiveness of the transitional justice process in Kenya since the 2007-2008 post-election conflict
(University of the Western Cape, 2016)The concept of transitional justice keeps changing as the concept of conflict changes. The paper analyses the transitional justice process in Kenya after the 2007-2008 Post-Election Violence. Very little has been written ... -
Assets declarations by public officers in Zimbabwe as an anti-corruption tool
(University of the Western Cape, 2016)Zimbabwe is regarded as one of the most corrupt countries on the African continent. The absence of an assets declaration regime in Zimbabwe has made it difficult to hold accountable public officers implicated in corruption ... -
Towards an African International Criminal Court? – assessing the extension of the jurisdiction of the African Court of Justice and Human Rights to cover international crimes
(University of the Western Cape., 2011)Africa seemingly cursed with instability, conflict and gross human rights violations has been the largest scene of operation of international criminal justice. This understanding led African States to be some of the key ... -
Grand corruption in Swaziland : a critical analysis of the state's response
(University of the Western Cape., 2011) -
Analysis of political corruption trends in transitional states
(University of the Western Cape., 2011) -
The historical path of the crime of aggression and the first ICC review conference
(University of the Western Cape., 2011)Objective of the study – The primary goal of this research study was to investigate and document the evolution and historical development of the crime of aggression. Design / methodology / approach – The research study ... -
The legality of the 2015 demarcation proposals by the Minister of Cooperative Governance to the Municipal Demarcation Board
(University of the Western Cape, 2015) -
The right to remain married : positioning homosexual-transsexual marriages under the South African Marriage Act 25 of 1961
(University of the Western Cape., 2015)For many, the human rights which South Africa has been able to secure for LGBTI (lesbian, gay, bisexual, transgender and intersex) people has been very progressive. However, with the conflation of sexual orientation and ... -
The Boko Haram insurgency and the child's right to education in Nigeria
(University of the Western Cape, 2016)Armed conflict impacts negatively on the child's right to education as the targeted attacks on schools, school children, teachers and school facilities can cause a drop in school enrolment and attendance as well as longer ... -
Access to HIV treatment for refugees : case study of South Africa and Uganda
(University of the Western Cape, 2015) -
The need for a comprehensive international convention on crimes against humanity
(University of the Western Cape, 2015)In the field of international law three core crimes generally make up the jurisdiction of international criminal tribunals: war crimes; genocide; and crimes against humanity. Only two of these crimes (war crimes and genocide) ... -
Politically exposed persons and economic criminality : the case of Tanzania
(University of the Western Cape, 2015) -
A critical appraisal of the current anti-money Laundering laws of Malawi with specific focus on trusts
(University of the Western Cape, 2015) -
The balancing of competing rights : the right to disclosure at the International Criminal Court
(University of the Western Cape, 2015)
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